Neutral Citation No. - 2025:AHC:12837-DB Court No. - 43 Case :- CRIMINAL APPEAL No. - 828 of 1987 Appellant :- Man Singh And Others Respondent :- State Counsel for Appellant :- G.P. Mathur,Mohit Singh,Raj Kumar Sharma Counsel for Respondent :- A.G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J. 1. When the case is called out, no one appears to press this appeal. 2. The present appeal is of the year 1989. 3. The present appeal has been filed against the judgment and order dated 12.03.1987 passed by Additional Sessions Judge, Moradabad in S.T. No.835 of 1985, convicting the appellants under Sections 147, 364 and 302 IPC and sentencing them to 2 years rigorous imprisonment and imprisonment for fine respectively. 4. We have perused the record. As per office report dated 23.11.2024, the appellant no. 1 Man Singh is dead and the appellant no. 2 Ram Kunwar was served. It is also reported on the same date, on the basis of the report of the Chief Judicial Magistrate, Moradabad dated 10.08.2021 that no document is available and therefore, reconstruction of the record of the trial Court is not possible. A detailed report in this regard was also sent. 5. We have perused the aforesaid order dated 10.08.2021. Alongwith the aforesaid report, the report of the In-charge of Record Room, Moradabad was also submitted whereby it is also reflected that concerned clerk was found guilty and punishment was also awarded against him. Another report dated 07.08.2019 has been annexed with the aforesaid report, according to which, the accused persons have given affidavit to the effect that the accused Ratiya and accused Ram Chand have died and their counsel Sri Rajendra Prakash Rastogi is also dead and they have no record whatsoever. The report of the Police Station Hasanpur was also called for and it was reported that no document is available with the concerned Police Station. 6. Now the latest report of the District Judge, Moradabad clearly reflects that there is no possibility of reconstruction of the record of the trial and re-trial of the case is not possible in absence of any document relating to the concerned Sessions Trial. 7. In such view of the matter, it is quite clear that record of the relevant sessions trial is not traceable. 8. We have considered the identical issue as to whether in absence of trial court record appeal can be decided or retrial is possible after a long gap of time in Mauji Lal Vs. State 2022 (119) ACC 522 (DB) wherein entire case law including judgement of Hon'ble Apex Court in State of U.P. Vs. Abhay Raj Singh 2004 (50) ACC 691 (SC) has also been relied on. 9. In view of the judgment of the Apex Court in the Case of State of U.P. Vs. Abhay Raj Singh (Supra), it is not possible either to get the record of the present case reconstructed or retrial as the record has been weeded out in accordance with law, hence judgement dated 12.03.1987 passed by Additional Sessions Judge, Moradabad as regards the accused persons cannot be reversed. Hence, in view of above stated position of law when record of the trial court is not traceable and reconstruction or re-trial is also not possible, the appeal has to be allowed. 10. The appeal accordingly stands allowed. The impugned judgment and order of the trial court dated 12.03.1987 convicting and sentencing the appellants is hereby set aside and the appellants are acquitted of the charges levelled against them. The accused- appellants Ram Kunwar and Kaley are on bail. Their personal bonds are cancelled and sureties are discharged. 11. Appeal is allowed in above terms. 12. Copy of this judgment be sent to the court concerned for necessary compliance. Order Date :- 24.1.2025 Monika Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad